header-logo header-logo

17 January 2019 / Nicholas Dobson
Issue: 7824 / Categories: Features , Public
printer mail-detail

Key to the highway. . .

Nicholas Dobson delves into some murky & uncertain areas of highway law

 
  • The statutory order transferred highways to TfL from former London highway authorities only to the extent that ownership was then vested in each council as a former highway authority.
  • There is no single meaning of ‘highway’ and its meaning is to be taken from the relevant context.

Back in the 1940s, blues singer, Big Bill Broonzy, sang that he had the key to the highway. Frank Sinatra though had ‘travelled each and every highway’, while Paul McCartney seemed stuck on a long and winding road leading to his lover’s door. But none of them had to grapple with the legal meaning of the term ‘highway’. That task fell to the Supreme Court on 5 December 2018 in London Borough of Southwark and another v Transport for London [2018] UKSC 63, [2018] All ER (D) 18 (Dec).

Background

On the face of it, the case merely concerned an esoteric piece of statutory interpretation

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Trowers & Hamlins—Paul Batchelor

Trowers & Hamlins—Paul Batchelor

Trowers Hamlins strengthens Birmingham Office with senior corporate partner hire

Birketts—trainee appointments

Birketts—trainee appointments

Birketts welcomes largest ever Trainee Solicitor cohort for 2026

Sidley—James Sherlock

Sidley—James Sherlock

Sidley Expands Private Equity Practice With James Sherlock in London

NEWS
MPs cannot simply resign their Commons seats. Instead, they take a nominal Crown office, usually the Chiltern Hundreds or Manor of Northstead, which disqualifies them from sitting
The Thirlwall Inquiry has exposed a ‘complete failure’ to protect babies at the Countess of Chester Hospital, but its recommendations must now be put into practice
A divorced woman has secured funding to participate in her former husband’s inquest after the Legal Aid Agency reconsidered repeated refusals
Developers in areas with poorly performing councils can apply directly to the Planning Inspectorate for permission under section 62A of the Town and Country Planning Act 1990
More than 500 former rugby players can pursue brain injury claims despite serious failures to disclose documents ordered by the High Court
back-to-top-scroll